By: Carona, Shapleigh S.B. No. 393
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Uniform Electronic Transactions Act and electronic
1-3 records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Business & Commerce Code, is amended by
1-6 adding Chapter 43 to read as follows:
1-7 CHAPTER 43. UNIFORM ELECTRONIC TRANSACTIONS ACT
1-8 Sec. 43.001. SHORT TITLE. This chapter may be cited as the
1-9 Uniform Electronic Transactions Act.
1-10 Sec. 43.002. DEFINITIONS. In this chapter:
1-11 (1) "Agreement" means the bargain of the parties in
1-12 fact, as found in their language or inferred from other
1-13 circumstances and from rules, regulations, and procedures given the
1-14 effect of agreements under laws otherwise applicable to a
1-15 particular transaction.
1-16 (2) "Automated transaction" means a transaction
1-17 conducted or performed, in whole or in part, by electronic means or
1-18 electronic records, in which the acts or records of one or both
1-19 parties are not reviewed by an individual in the ordinary course in
1-20 forming a contract, performing under an existing contract, or
1-21 fulfilling an obligation required by the transaction.
1-22 (3) "Computer program" means a set of statements or
1-23 instructions to be used directly or indirectly in an information
1-24 processing system in order to bring about a certain result.
1-25 (4) "Contract" means the total legal obligation
2-1 resulting from the parties' agreement as affected by this chapter
2-2 and other applicable law.
2-3 (5) "Electronic" means relating to technology having
2-4 electrical, digital, magnetic, wireless, optical, electromagnetic,
2-5 or similar capabilities.
2-6 (6) "Electronic agent" means a computer program or an
2-7 electronic or other automated means used independently to initiate
2-8 an action or respond to electronic records or performances in whole
2-9 or in part, without review or action by an individual.
2-10 (7) "Electronic record" means a record created,
2-11 generated, sent, communicated, received, or stored by electronic
2-12 means.
2-13 (8) "Electronic signature" means an electronic sound,
2-14 symbol, or process attached to or logically associated with a
2-15 record and executed or adopted by a person with the intent to sign
2-16 the record.
2-17 (9) "Governmental agency" means an executive,
2-18 legislative, or judicial agency, department, board, commission,
2-19 authority, institution, or instrumentality of the federal
2-20 government or of a state or of a county, municipality, or other
2-21 political subdivision of a state.
2-22 (10) "Information" means data, text, images, sounds,
2-23 codes, computer programs, software, databases, or the like.
2-24 (11) "Information processing system" means an
2-25 electronic system for creating, generating, sending, receiving,
2-26 storing, displaying, or processing information.
3-1 (12) "Record" means information that is inscribed on a
3-2 tangible medium or that is stored in an electronic or other medium
3-3 and is retrievable in perceivable form.
3-4 (13) "Security procedure" means a procedure employed
3-5 for the purpose of verifying that an electronic signature, record,
3-6 or performance is that of a specific person or for detecting
3-7 changes or errors in the information in an electronic record. The
3-8 term includes a procedure that requires the use of algorithms or
3-9 other codes, identifying words or numbers, encryption, or callback
3-10 or other acknowledgment procedures.
3-11 (14) "State" means a state of the United States, the
3-12 District of Columbia, Puerto Rico, the United States Virgin
3-13 Islands, or any territory or insular possession subject to the
3-14 jurisdiction of the United States. The term includes an Indian
3-15 tribe or band, or Alaskan native village, which is recognized by
3-16 federal law or formally acknowledged by a state.
3-17 (15) "Transaction" means an action or set of actions
3-18 occurring between two or more persons relating to the conduct of
3-19 business, commercial, or governmental affairs.
3-20 Sec. 43.003. SCOPE. (a) Except as otherwise provided in
3-21 Subsection (b), this chapter applies to electronic records and
3-22 electronic signatures relating to a transaction.
3-23 (b) This chapter does not apply to a transaction to the
3-24 extent it is governed by:
3-25 (1) a law governing the creation and execution of
3-26 wills, codicils, or testamentary trusts; or
4-1 (2) the Uniform Commercial Code, other than Sections
4-2 1.107 and 1.206 and Chapters 2 and 2A.
4-3 (c) This chapter applies to an electronic record or
4-4 electronic signature otherwise excluded from the application of
4-5 this chapter under Subsection (b) when used for a transaction
4-6 subject to a law other than those specified in Subsection (b).
4-7 (d) A transaction subject to this chapter is also subject to
4-8 other applicable substantive law.
4-9 Sec. 43.004. PROSPECTIVE APPLICATION. This chapter applies
4-10 to any electronic record or electronic signature created,
4-11 generated, sent, communicated, received, or stored on or after
4-12 January 1, 2002.
4-13 Sec. 43.005. USE OF ELECTRONIC RECORDS AND ELECTRONIC
4-14 SIGNATURES; VARIATION BY AGREEMENT. (a) This chapter does not
4-15 require a record or signature to be created, generated, sent,
4-16 communicated, received, stored, or otherwise processed or used by
4-17 electronic means or in electronic form.
4-18 (b) This chapter applies only to transactions between
4-19 parties each of which has agreed to conduct transactions by
4-20 electronic means. Whether the parties agree to conduct a
4-21 transaction by electronic means is determined from the context and
4-22 surrounding circumstances, including the parties' conduct.
4-23 (c) A party that agrees to conduct a transaction by
4-24 electronic means may refuse to conduct other transactions by
4-25 electronic means. The right granted by this subsection may not be
4-26 waived by agreement.
5-1 (d) Except as otherwise provided in this chapter, the effect
5-2 of any of its provisions may be varied by agreement. The presence
5-3 in certain provisions of this chapter of the words "unless
5-4 otherwise agreed," or words of similar import, does not imply that
5-5 the effect of other provisions may not be varied by agreement.
5-6 (e) Whether an electronic record or electronic signature has
5-7 legal consequences is determined by this chapter and other
5-8 applicable law.
5-9 Sec. 43.006. CONSTRUCTION AND APPLICATION. This chapter
5-10 must be construed and applied:
5-11 (1) to facilitate electronic transactions consistent
5-12 with other applicable law;
5-13 (2) to be consistent with reasonable practices
5-14 concerning electronic transactions and with the continued expansion
5-15 of those practices; and
5-16 (3) to effectuate its general purpose to make uniform
5-17 the law with respect to the subject of this chapter among states
5-18 enacting it.
5-19 Sec. 43.007. LEGAL RECOGNITION OF ELECTRONIC RECORDS,
5-20 ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS. (a) A record or
5-21 signature may not be denied legal effect or enforceability solely
5-22 because it is in electronic form.
5-23 (b) A contract may not be denied legal effect or
5-24 enforceability solely because an electronic record was used in its
5-25 formation.
5-26 (c) If a law requires a record to be in writing, an
6-1 electronic record satisfies the law.
6-2 (d) If a law requires a signature, an electronic signature
6-3 satisfies the law.
6-4 Sec. 43.008. PROVISION OF INFORMATION IN WRITING;
6-5 PRESENTATION OF RECORDS. (a) If parties have agreed to conduct a
6-6 transaction by electronic means and a law requires a person to
6-7 provide, send, or deliver information in writing to another person,
6-8 the requirement is satisfied if the information is provided, sent,
6-9 or delivered, as the case may be, in an electronic record capable
6-10 of retention by the recipient at the time of receipt. An
6-11 electronic record is not capable of retention by the recipient if
6-12 the sender or its information processing system inhibits the
6-13 ability of the recipient to print or store the electronic record.
6-14 (b) If a law other than this chapter requires a record (i)
6-15 to be posted or displayed in a certain manner, (ii) to be sent,
6-16 communicated, or transmitted by a specified method, or (iii) to
6-17 contain information that is formatted in a certain manner, the
6-18 following rules apply:
6-19 (1) the record must be posted or displayed in the
6-20 manner specified in the other law;
6-21 (2) except as otherwise provided in Subsection (d)(2),
6-22 the record must be sent, communicated, or transmitted by the method
6-23 specified in the other law; and
6-24 (3) the record must contain the information formatted
6-25 in the manner specified in the other law.
6-26 (c) If a sender inhibits the ability of a recipient to store
7-1 or print an electronic record, the electronic record is not
7-2 enforceable against the recipient.
7-3 (d) The requirements of this section may not be varied by
7-4 agreement, but:
7-5 (1) to the extent a law other than this chapter
7-6 requires information to be provided, sent, or delivered in writing
7-7 but permits that requirement to be varied by agreement, the
7-8 requirement under Subsection (a) that the information be in the
7-9 form of an electronic record capable of retention may also be
7-10 varied by agreement; and
7-11 (2) a requirement under a law other than this chapter
7-12 to send, communicate, or transmit a record by first class mail may
7-13 be varied by agreement to the extent permitted by the other law.
7-14 Sec. 43.009. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND
7-15 ELECTRONIC SIGNATURE. (a) An electronic record or electronic
7-16 signature is attributable to a person if it was the act of the
7-17 person. The act of the person may be shown in any manner,
7-18 including a showing of the efficacy of any security procedure
7-19 applied to determine the person to which the electronic record or
7-20 electronic signature was attributable.
7-21 (b) The effect of an electronic record or electronic
7-22 signature attributed to a person under Subsection (a) is determined
7-23 from the context and surrounding circumstances at the time of its
7-24 creation, execution, or adoption, including the parties' agreement,
7-25 if any, and otherwise as provided by law.
7-26 Sec. 43.010. EFFECT OF CHANGE OR ERROR. (a) If a change or
8-1 error in an electronic record occurs in a transmission between
8-2 parties to a transaction, the rules provided by this section apply.
8-3 (b) If the parties have agreed to use a security procedure
8-4 to detect changes or errors and one party has conformed to the
8-5 procedure, but the other party has not, and the nonconforming party
8-6 would have detected the change or error had that party also
8-7 conformed, the conforming party may avoid the effect of the changed
8-8 or erroneous electronic record.
8-9 (c) In an automated transaction involving an individual, the
8-10 individual may avoid the effect of an electronic record that
8-11 resulted from an error made by the individual in dealing with the
8-12 electronic agent of another person if the electronic agent did not
8-13 provide an opportunity for the prevention or correction of the
8-14 error and, at the time the individual learns of the error, the
8-15 individual:
8-16 (1) promptly notifies the other person of the error
8-17 and that the individual did not intend to be bound by the
8-18 electronic record received by the other person;
8-19 (2) takes reasonable steps, including steps that
8-20 conform to the other person's reasonable instructions, to return to
8-21 the other person or, if instructed by the other person, to destroy
8-22 the consideration received, if any, as a result of the erroneous
8-23 electronic record; and
8-24 (3) has not used or received any benefit or value from
8-25 the consideration, if any, received from the other person.
8-26 (d) If neither Subsection (b) nor Subsection (c) applies,
9-1 the change or error has the effect provided by other law, including
9-2 the law of mistake, and the parties' contract, if any.
9-3 (e) Subsections (c) and (d) may not be varied by agreement.
9-4 Sec. 43.011. NOTARIZATION AND ACKNOWLEDGMENT. If a law
9-5 requires a signature or record to be notarized, acknowledged,
9-6 verified, or made under oath, the requirement is satisfied if the
9-7 electronic signature of the person authorized to perform those
9-8 acts, together with all other information required to be included
9-9 by other applicable law, is attached to or logically associated
9-10 with the signature or record.
9-11 Sec. 43.012. RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
9-12 (a) If a law requires that a record be retained, the requirement
9-13 is satisfied by retaining an electronic record of the information
9-14 in the record which:
9-15 (1) accurately reflects the information set forth in
9-16 the record after it was first generated in its final form as an
9-17 electronic record or otherwise; and
9-18 (2) remains accessible for later reference.
9-19 (b) A requirement to retain a record in accordance with
9-20 Subsection (a) does not apply to any information the sole purpose
9-21 of which is to enable the record to be sent, communicated, or
9-22 received.
9-23 (c) A person may satisfy Subsection (a) by using the
9-24 services of another person if the requirements of that subsection
9-25 are satisfied.
9-26 (d) If a law requires a record to be presented or retained
10-1 in its original form, or provides consequences if the record is not
10-2 presented or retained in its original form, that law is satisfied
10-3 by an electronic record retained in accordance with Subsection (a).
10-4 (e) If a law requires retention of a check, that requirement
10-5 is satisfied by retention of an electronic record of the
10-6 information on the front and back of the check in accordance with
10-7 Subsection (a).
10-8 (f) A record retained as an electronic record in accordance
10-9 with Subsection (a) satisfies a law requiring a person to retain a
10-10 record for evidentiary, audit, or like purposes, unless a law
10-11 enacted after January 1, 2002, specifically prohibits the use of an
10-12 electronic record for the specified purpose.
10-13 (g) This section does not preclude a governmental agency of
10-14 this state from specifying additional requirements for the
10-15 retention of a record subject to the agency's jurisdiction.
10-16 Sec. 43.013. ADMISSIBILITY IN EVIDENCE. In a proceeding,
10-17 evidence of a record or signature may not be excluded solely
10-18 because it is in electronic form.
10-19 Sec. 43.014. AUTOMATED TRANSACTION. (a) In an automated
10-20 transaction, the rules provided by this section apply.
10-21 (b) A contract may be formed by the interaction of
10-22 electronic agents of the parties, even if no individual was aware
10-23 of or reviewed the electronic agents' actions or the resulting
10-24 terms and agreements.
10-25 (c) A contract may be formed by the interaction of an
10-26 electronic agent and an individual, acting on the individual's own
11-1 behalf or for another person, including by an interaction in which
11-2 the individual performs actions that the individual is free to
11-3 refuse to perform and which the individual knows or has reason to
11-4 know will cause the electronic agent to complete the transaction or
11-5 performance.
11-6 (d) The terms of the contract are determined by the
11-7 substantive law applicable to it.
11-8 Sec. 43.015. TIME AND PLACE OF SENDING AND RECEIPT.
11-9 (a) Unless otherwise agreed between the sender and the recipient,
11-10 an electronic record is sent when it:
11-11 (1) is addressed properly or otherwise directed
11-12 properly to an information processing system that the recipient has
11-13 designated or uses for the purpose of receiving electronic records
11-14 or information of the type sent and from which the recipient is
11-15 able to retrieve the electronic record;
11-16 (2) is in a form capable of being processed by that
11-17 system; and
11-18 (3) enters an information processing system outside
11-19 the control of the sender or of a person that sent the electronic
11-20 record on behalf of the sender or enters a region of the
11-21 information processing system designated or used by the recipient
11-22 which is under the control of the recipient.
11-23 (b) Unless otherwise agreed between the sender and the
11-24 recipient, an electronic record is received when:
11-25 (1) it enters an information processing system that
11-26 the recipient has designated or uses for the purpose of receiving
12-1 electronic records or information of the type sent and from which
12-2 the recipient is able to retrieve the electronic record; and
12-3 (2) it is in a form capable of being processed by that
12-4 system.
12-5 (c) Subsection (b) applies even if the place the information
12-6 processing system is located is different from the place the
12-7 electronic record is deemed to be received under Subsection (d).
12-8 (d) Unless otherwise expressly provided in the electronic
12-9 record or agreed between the sender and the recipient, an
12-10 electronic record is deemed to be sent from the sender's place of
12-11 business and to be received at the recipient's place of business.
12-12 For purposes of this subsection, the following rules apply:
12-13 (1) if the sender or the recipient has more than one
12-14 place of business, the place of business of that person is the
12-15 place having the closest relationship to the underlying
12-16 transaction; and
12-17 (2) if the sender or the recipient does not have a
12-18 place of business, the place of business is the sender's or the
12-19 recipient's residence, as the case may be.
12-20 (e) An electronic record is received under Subsection (b)
12-21 even if no individual is aware of its receipt.
12-22 (f) Receipt of an electronic acknowledgment from an
12-23 information processing system described in Subsection (b)
12-24 establishes that a record was received but, by itself, does not
12-25 establish that the content sent corresponds to the content
12-26 received.
13-1 (g) If a person is aware that an electronic record
13-2 purportedly sent under Subsection (a), or purportedly received
13-3 under Subsection (b), was not actually sent or received, the legal
13-4 effect of the sending or receipt is determined by other applicable
13-5 law. Except to the extent permitted by the other law, the
13-6 requirements of this subsection may not be varied by agreement.
13-7 Sec. 43.016. TRANSFERABLE RECORDS. (a) In this section,
13-8 "transferable record" means an electronic record that:
13-9 (1) would be a note under Chapter 3, or a document
13-10 under Chapter 7, if the electronic record were in writing; and
13-11 (2) the issuer of the electronic record expressly has
13-12 agreed is a transferable record.
13-13 (b) A person has control of a transferable record if a
13-14 system employed for evidencing the transfer of interests in the
13-15 transferable record reliably establishes that person as the person
13-16 to which the transferable record was issued or transferred.
13-17 (c) A system satisfies Subsection (b), and a person is
13-18 deemed to have control of a transferable record, if the
13-19 transferable record is created, stored, and assigned in such a
13-20 manner that:
13-21 (1) a single authoritative copy of the transferable
13-22 record exists which is unique, identifiable, and, except as
13-23 otherwise provided in Subdivisions (4), (5), and (6), unalterable;
13-24 (2) the authoritative copy identifies the person
13-25 asserting control as:
13-26 (A) the person to which the transferable record
14-1 was issued; or
14-2 (B) if the authoritative copy indicates that the
14-3 transferable record has been transferred, the person to which the
14-4 transferable record was most recently transferred;
14-5 (3) the authoritative copy is communicated to and
14-6 maintained by the person asserting control or its designated
14-7 custodian;
14-8 (4) copies or revisions that add or change an
14-9 identified assignee of the authoritative copy can be made only with
14-10 the consent of the person asserting control;
14-11 (5) each copy of the authoritative copy and any copy
14-12 of a copy is readily identifiable as a copy that is not the
14-13 authoritative copy; and
14-14 (6) any revision of the authoritative copy is readily
14-15 identifiable as authorized or unauthorized.
14-16 (d) Except as otherwise agreed, a person having control of a
14-17 transferable record is the holder, as defined in Section 1.201, of
14-18 the transferable record and has the same rights and defenses as a
14-19 holder of an equivalent record or writing under the Uniform
14-20 Commercial Code, including, if the applicable statutory
14-21 requirements under Section 3.302(a), 7.501, or 9.330 are satisfied,
14-22 the rights and defenses of a holder in due course, a holder to
14-23 which a negotiable document of title has been duly negotiated, or a
14-24 purchaser, respectively. Delivery, possession, and indorsement are
14-25 not required to obtain or exercise any of the rights under this
14-26 subsection.
15-1 (e) Except as otherwise agreed, an obligor under a
15-2 transferable record has the same rights and defenses as an
15-3 equivalent obligor under equivalent records or writings under the
15-4 Uniform Commercial Code.
15-5 (f) If requested by a person against which enforcement is
15-6 sought, the person seeking to enforce the transferable record shall
15-7 provide reasonable proof that the person is in control of the
15-8 transferable record. Proof may include access to the authoritative
15-9 copy of the transferable record and related business records
15-10 sufficient to review the terms of the transferable record and to
15-11 establish the identity of the person having control of the
15-12 transferable record.
15-13 Sec. 43.017. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC
15-14 RECORDS BY GOVERNMENTAL AGENCIES. (a) Except as otherwise
15-15 provided by Section 43.012(f), each state agency shall determine
15-16 whether, and the extent to which, the agency will send and accept
15-17 electronic records and electronic signatures to and from other
15-18 persons and otherwise create, generate, communicate, store,
15-19 process, use, and rely upon electronic records and electronic
15-20 signatures.
15-21 (b) To the extent that a state agency uses electronic
15-22 records and electronic signatures under Subsection (a), the
15-23 Department of Information Resources and Texas State Library and
15-24 Archives Commission, pursuant to their rulemaking authority under
15-25 other law and giving due consideration to security, may specify:
15-26 (1) the manner and format in which the electronic
16-1 records must be created, generated, sent, communicated, received,
16-2 and stored and the systems established for those purposes;
16-3 (2) if electronic records must be signed by electronic
16-4 means, the type of electronic signature required, the manner and
16-5 format in which the electronic signature must be affixed to the
16-6 electronic record, and the identity of, or criteria that must be
16-7 met by, any third party used by a person filing a document to
16-8 facilitate the process;
16-9 (3) control processes and procedures as appropriate to
16-10 ensure adequate preservation, disposition, integrity, security,
16-11 confidentiality, and auditability of electronic records; and
16-12 (4) any other required attributes for electronic
16-13 records which are specified for corresponding nonelectronic records
16-14 or reasonably necessary under the circumstances.
16-15 (c) Except as otherwise provided in Section 43.012(f), this
16-16 chapter does not require a governmental agency of this state to use
16-17 or permit the use of electronic records or electronic signatures.
16-18 Sec. 43.018. INTEROPERABILITY. The Department of
16-19 Information Resources may encourage and promote consistency and
16-20 interoperability with similar requirements adopted by other
16-21 governmental agencies of this and other states and the federal
16-22 government and nongovernmental persons interacting with
16-23 governmental agencies of this state. If appropriate, those
16-24 standards may specify differing levels of standards from which
16-25 governmental agencies of this state may choose in implementing the
16-26 most appropriate standard for a particular application.
17-1 Sec. 43.019. EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC
17-2 SIGNATURES ACT. This chapter modifies, limits, or supersedes the
17-3 provisions of the Electronic Signatures in Global and National
17-4 Commerce Act (15 U.S.C. Section 7001 et seq.) as authorized by
17-5 Section 102 of that Act (15 U.S.C. Section 7002).
17-6 SECTION 2. Subsection (a), Section 191.009, Local Government
17-7 Code, is amended to read as follows:
17-8 (a) A county clerk may accept instruments by electronic
17-9 filing and record the instruments electronically if the filing or
17-10 recording complies with the rules adopted by the Texas State
17-11 Library and Archives Commission under Chapter 195. Such an
17-12 instrument is an electronic record, as defined by Section 43.002,
17-13 Business & Commerce Code.
17-14 SECTION 3. Section 195.002, Local Government Code, is
17-15 amended by adding Subsection (e) to read as follows:
17-16 (e) Notwithstanding Sections 43.017 and 43.018, Business &
17-17 Commerce Code, a county clerk may accept any filed electronic
17-18 record, as defined by Section 43.002, Business & Commerce Code, and
17-19 may electronically record that record if the filing and recording
17-20 of that record complies with rules adopted by the commission under
17-21 this section.
17-22 SECTION 4. Chapter 195, Local Government Code, is amended by
17-23 adding Section 195.009 to read as follows:
17-24 Sec. 195.009. FILING. For purposes of this chapter, an
17-25 instrument is filed with the county clerk when it is received by
17-26 the county clerk, unless the county clerk rejects the filing within
18-1 the time and manner provided by this chapter and rules adopted
18-2 under this chapter.
18-3 SECTION 5. Sections 2.108 and 2A.110, Business & Commerce
18-4 Code, are repealed.
18-5 SECTION 6. (a) Notwithstanding Section 43.019, Business &
18-6 Commerce Code, as added by this Act, Chapter 43, Business &
18-7 Commerce Code, as added by this Act, does not modify, limit, or
18-8 supersede the provisions of Section 101(c) or Section 103(b),
18-9 Electronic Signatures in Global and National Commerce Act (15
18-10 U.S.C. Sections 7001 and 7003), as amended from time to time.
18-11 (b) A regulatory agency of this state, with respect to
18-12 matters within its jurisdiction, by rule or order issued after
18-13 notice and an opportunity for public comment, may exempt without
18-14 condition a specified category or type of record from the
18-15 requirements relating to consent in Section 101(c), Electronic
18-16 Signatures in Global and National Commerce Act (15 U.S.C. Section
18-17 7001), if that exemption is necessary to eliminate a substantial
18-18 burden on electronic commerce and will not increase the material
18-19 risk of harm to consumers.
18-20 (c) If a regulatory agency of this state, with respect to
18-21 matters within its jurisdiction, determines after notice and an
18-22 opportunity for public comment, and publishes a finding, that one
18-23 or more of the exceptions contained in Section 103(b), Electronic
18-24 Signatures in Global and National Commerce Act (15 U.S.C. Section
18-25 7003), are no longer necessary for the protection of consumers and
18-26 that eliminating those exceptions will not increase the material
19-1 risk of harm to consumers, the regulatory agency may extend the
19-2 application of Chapter 43, Business & Commerce Code, as added by
19-3 this Act, to the exceptions identified in that finding.
19-4 SECTION 7. Chapter 43, Business & Commerce Code, as added by
19-5 this Act, does not modify, limit, or supersede Chapter 15, Civil
19-6 Practice and Remedies Code, or Section 35.531, Business & Commerce
19-7 Code.
19-8 SECTION 8. This Act takes effect January 1, 2002.